departureboard.io for Business
Version 1.0 - Updated 29th October 2019
Welcome to departureboard.io for Business
Section A: Agreement Overview
- The departureboard.io for Business Services Agreement (“Agreement”) is a legal agreement detailing the terms and conditions that apply between the entity or person (“you” or “your”) and departureboard.io for Business Limited (“departureboard.io”, “departureboard.io for Business”, “us, “our” or “we”) when using our products or services. These terms apply to all departureboard.io products and services. Unless otherwise agreed in writing and signed by us, by purchasing or using any of our products or services, you agree to these terms and conditions. If you are purchasing or using departureboard.io for Business services on behalf of a business or legal entity, you confirm you are authorised to agree to these terms and conditions on behalf of the aforementioned entity.
- English law applies to these terms and conditions, and disputes will be settled in an English court.
- If you do not understand any of the terms of this Agreement, please contact us and we will be happy to explain them to you.
Section B: Definitions
- Articulated below are a list of definitions which are applicable to this Agreement. This list may not be exhaustive. If you have any questions on specific terminology which is not captured in this section, please contact us for clarification.
- "The Consumer"
- You, acting as an individual or an authorised representative of a registered business.
- "The Seller"
- departureboard.io for Business Limited registered in England and Wales (No. 12279969)
- “departureboard.io Hardware Device” or “Hardware Device”
- A physical display device that can be connected to a single screen and will be shipped to you to support our digital signage solutions.
- “departureboard.io Software Subscription” or “Software Subscription”
- A software licence that grants you limited (as dictated in the License section) use of our software platform for a single screen.
- “Stripe Inc."
- A technology company we use to accept payments.
- “Registered Office Address”
- A physical address within the United Kingdom from which our business is registered for official communications.
- “Working Day”
- The hours between 09:00 and 17:00 Monday to Friday, exclusive of Public Holidays within the United Kingdom.
Section C: Fees
- departureboard.io for Business will provide products and services to you at the rates described in the Pricing section of our home page unless otherwise agreed in writing. The Fees include charges for the departureboard.io Hardware Device and departureboard.io Software Subscription. We may revise these fees at any time. However, we will provide you with at least 30 days’ advance notice before revisions become applicable to you.
- Our fees are exclusive of Value Added Tax (“VAT”) which is charged at 20%.
Section D: Payments
- We offer two core products that work together to enable our service as defined in the Definitions section:
- The departureboard.io Hardware Device
- The departureboard.io Software Subscription
Section E: Account Onboarding and Support
- Once you sign up to our services, we will require your WiFi Service Set Identifier and password to set up the departureboard.io Hardware Device. To securely transfer this information, we will request that you send us two separate encrypted emails; one with the WiFi Service Set Identifier and one WiFi password. Once the Hardware Device has been set up successfully, we will securely delete this information.
- We will provide you with reasonable support to resolve issues relating to your departureboard.io Software Subscription and your general use of our products and services. This support includes the use of our Frequently Asked Questions page which is the most efficient way to get answers to your questions. If you still have questions after reviewing this page, please contact us.
Section F: Cancellations, Modifications and Refunds
- Unless agreed otherwise in writing, your departureboard.io Software Subscription will continue indefinitely until cancelled. You must contact us in writing (via email or letter to our Registered Office Address) a minimum of 5 working days before your next renewal. Cancellations received later than 5 business days before renewal will take effect the following month. Similarly, any requests to reduce the scope of the departureboard.io Software Subscription (reducing the amount of Software Subscriptions) must be received a minimum of 5 working days before your next renewal.
- Under no circumstances (except where required by English law) will we offer any refunds on the departureboard.io Hardware Device or departureboard.io Software Subscription(s).
- We reserve the right to cancel your subscription without notice, but will typically provide at least 5 working days notice. You will typically receive a pro-rata refund for any remaining subscription term, but this is at our sole discretion.
- When a departureboard.io Software Subscription is cancelled by either party, the departureboard.io Hardware Device will cease to operate. We will not offer any refunds or compensation for the aforementioned Hardware Device.
Section G: Limited Warranty
- departureboard.io for Business Limited make every reasonable endeavour to ensure that our services are error free, and operate in an uninterrupted manner. However, we do not guarantee they will do so. We also rely on upstream providers to deliver our service, where we have limited control and influence of their service availability.
- In a scenario where our platform becomes unavailable, we will issue a prorated refund of your subscription (upon written request) for the duration that our service was unavailable. We will only issue the aforementioned refund where we are in agreement that our service was unavailable (as measured by our tooling). This refund is at our sole discretion.
- Under no circumstances will we be liable for any indirect consequences of our service being unavailable, for example (but not limited to) missed trains and loss of revenue.
Section H: Statutory Warranty
- departureboard.io for Business Limited are proud to offer a high quality product and service. However, we feel it is important that you know your legal rights when doing business with us.
- Under United Kingdom consumer law, consumers (that’s you!) may choose to have faulty goods either repaired or replaced by departureboard.io for Business without a cost. If a repair or replacement is not possible, would impose a disproportionate burden on us, or could not be performed in a reasonable time and without significant inconvenience to you, you are within your rights to request either a price reduction or to withdraw from this Agreement by returning the product to us in exchange for a full refund. You also have the right to withdraw from this Agreement by returning the product in exchange for a full refund if you decide the product is not for you within 30 days (this is called the right to reject) or if the product continues to be faulty after one repair or replacement. The primary responsibility to rectify any identified faults is on departureboard.io for Business Limited. For goods purchased in England or Wales, these rights will expire six years from the point you accept delivery of the goods; for goods purchased in Scotland, these rights expire five years from the point you accept delivery of the goods.
- A claim under UK consumer law may be made subject to the fault being present at the time of purchase. Any fault of our goods which becomes apparent within 6 months of delivery are assumed to have existed at the point of delivery. After 6 month period, the burden to prove that the fault existed on delivery generally moves to you.
- In the event of a Hardware Device failure, you should contact us in writing (via email or letter to our Registered Business Address). We will provide an address to return defective device to. Once received, we will confirm the device is free from visible damage and contact you to confirm the next steps in accordance with your Statutory rights. We will not offer any subscription refunds for the duration the Hardware Device is unavailable.
Section I: License
- Purchasing the departureboard.io Software Subscription gives you a limited licence to use our departure board software to display train departures in your premises. You agree that you will only use this Software Subscription in conjunction with a Hardware Device that we provide.
- Each licence grants the rights to display train departures on a single screen. The use of hardware or software to display our departure boards on more than one screen is expressly prohibited. In order to use our software to display train departures on additional screens, you must purchase an additional Hardware Device and the associated Software Subscription.
- We reserve the right to immediately terminate your subscription if we suspect you are violating the terms of this licence. We may also take action to recover our losses.
Section I: Operational Limitations
- The departureboard.io Hardware Device requires an internet connection
- The departureboard.io Hardware Device is designed to work with a 1080p screen which is 1920×1080 pixels; also known as Full HD or FHD.
Section K: Limitation of Liability
- departureboard.io for Business has Public Liability insurance for up to £5,000,000 and Professional Indemnity insurance for up to £50,000.
- Although covered by above mentioned insuracne, departureboard.io for Business shall not be held liable for any loss or damage to assets as a result of using our Hardware Device or Software Subscription. You are responsible for ensuring that your use of our products and services complies with any applicable Health and Safety requirements (including but not limited to Portable Appliance Testing) and that you install and consume our product in a safe manner.
- As mentioned in the Limited Warranty section of this Agreement, departureboard.io for Business are not responsible for any loss of business, revenue, or any other detrimental impact as a result of our products and/or services not performing as expected.
Section L: Accuracy of Data
- We work in conjunction with our upstream providers (including but not limited to National Rail) to ensure we provide data that is as accurate as possible. However, we offer no guarantee that the data provided is 100% accurate, and hold no liability for any impact caused by incorrect or out of date information.
Section M: Force Majeure
- With the exception of the requirement to pay any monies owed, neither party shall be liable for any delay or failure of any responsibilities due to events outside of the parties reasonable control.
Section N: Data Usage, Data Privacy and Data Security
Section O: Changes to this Agreement
- This agreement will always be available on our website. If we make any changes we will let you know via email, or in writing. If we don’t hear from you within 5 working days we will assume you are happy with the changes we have made. If you are not happy with our changes, you can cancel your subscription with a minimum of 5 working days notice (as detailed in the Cancellations, Modifications and Refunds section of this Agreement). The old terms and conditions will continue to apply until the point at which your cancellation is effective.
Section P: How to Contact Us
- departureboard.io for Business Limited is a company registered in England and Wales (No. 12279969).
- You can contact us in writing to our Registered Office Address. Our Registered Office Address is: 24 Holborn Viaduct, London, EC1A 2BN.
- You can also contact us via email at [email protected]